Education for a Digital World Advice, Guidelines and Effective Practice from Around Globe, 2008a

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16 ‘Open Licences’ of Copyright for Authors, Educators, and Librarians Julien Hofman and Paul West Free software is a matter of liberty, not price. To understand the concept, you should think of free as in free speech, not as in free beer. – The Free Software Definition (http://www.gnu.org/philosophy/free-sw.html) Education for a Digital World 255
16 – ‘Open Licences’ of Copyright for Authors, Educators and Librarians Learning outcomes After completing this chapter, you will be able to: • Understand what open licence software is about and start looking for an appropriate licence for software you are developing; • Appreciate the advantages and disadvantages of using open licence software; • Understand how open licensing for non-software educational material works; • Appreciate the access to knowledge movement and what it aims to achieve. Introduction An open licence, as used in this chapter, is a neutral expression for a licence granted by someone who holds copyright in material allowing anyone to use the material subject to the conditions in the licence but without having to pay a royalty or licence fee. There are many different open licences, some for computer software and some for other forms of material. Each has its own terms, conditions and vocabulary. This chapter is an introduction to open licence language and to the open licences that are important for authors and educators. It is not legal advice. Individuals or institutions thinking of committing themselves to open licensing should get professional legal advice about the implications of the licences they are considering using. Supporters of the different licences do not always agree with one another. There are even extremists who, disliking the business practices of some commercial software suppliers and publishing houses, want to use open licences to do away with restrictions on using copyright material. Despite the understandable wish of some open licence supporters to reform copyright law, open licences are legal tools that use the existing copyright law. They rely, in particular, on the exclusive right copyright law gives a copyright holder to licence material with an open licence or any other form of licence. The chapter starts by looking at software open licences. Software developers working on open licence software will need a more detailed explanation of the different open licences than they will find in this chapter. But even authors and educators with no pretensions to ICT expertise depend on operating systems, word processors, communication packages and online learning software. This part of the chapter aims at providing such users with an introduction to open licence software and its advantages and disadvantages. Understanding software open licences is also a good introduction to the open licences that apply to other materials and, in particular to Open Educational Resources (OERs). The second part of the chapter looks at these open licences and, in particular, at the Creative Commons licences. The chapter ends by looking briefly at the Access to Knowledge (A2K) movement that aims at making all forms of information more freely available. Software open licences THE HACKER CULTURE Open software licences had their origins in what Eric Raymond calls the hacker culture. (Eric Steven Raymond How to Become a Hacker 2001, latest revision 2007, http://www.catb.org/~esr/faqs/hacker-howto.html). For Raymond and those who work with open licence software “hacker” has its original meaning of a committed software developer. It does not refer to a criminal who breaches computer security. Hackers share their discoveries and feel free to use the work of other hackers. This leaves hackers free to work on unsolved problems rather than waste creative energy repeating what others have done. Hackers who publish their work, either on the Internet or in other ways, have copyright in it. At first, however, few hackers bothered with copyright. Some were not even concerned with their moral rights, the right to be recognised as the author of original material. It is not clear how to understand this in terms of copyright law. It could have been argued that this behaviour reflected or created a trade custom among hackers. Or, because hackers often used the Internet to share work, it could have been taken as evidence of an implied licence that allowed members of the Internet community to use material on the Internet without permission. Certainly, many early Internet users assumed that they were free to use anything they found on the Internet. But it is doubtful that these arguments would have served as a defence if an author had sued for breach of copyright. The second argument reverses the usual legal position in which a copyright holder has to licence another to use the copyright holder’s work. And with both arguments it would have been difficult to establish the terms of the licence or custom and who qualified as a member of the community to which it applied. But whatever the exact legal position, this was how it was when software developers were mostly academics or researchers who often used the Internet to share scientific or technical information. 256 Education for a Digital World
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Education for a Digital World ADVIC
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Contents Chapter Abstracts / v Intr
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Chapter Abstracts Part 1: The Impac
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Chapter Abstracts on a revised Bloo
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Chapter Abstracts BUILDING COMMUNIT
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Chapter Abstracts ration are expand
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Introduction phasizes the building
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1 Emerging Technologies in E-learni
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1 - Emerging Technologies in E-lear
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2 Virtual Design Studios: Solving L
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2 - Virtual Design Studios created,
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3 Challenges Confronted and Lessons
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4 Addressing Diversity in Design of
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7 Learning Management Systems Don M
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8 Exploring Open Source for Educato
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9 Quality Assurance by Design Niki
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11 Accessibility and Universal Desi
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12 Articulation and Transfer of Onl
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13 - Planning Your Online Course Le
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20 Instructional Strategies Peter F
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21 Media Selection Peter Fenrich If
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24 - Evaluating and Improving Your
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31 Looking Forward: Stories of Prac
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Contributors Dr. Mohamed Ally, Prof
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Education for a Digital World Advice, Guidelines and Effective Practice from Around Globe, 2008a

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